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2023 Supreme(Raj) 210

PANKAJ BHANDARI, ANIL KUMAR UPMAN
State of Rajasthan, through P. P. – Appellant
Versus
Sundar @ Surendra @ Santu, S/o. Nagaji – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajesh Kumar Sharma with Ms. Zeenat Khan.
For the Respondent: Mr. Javed Choudhary, AGA, Mr. Dishant Karnawat for Mr. Kapil Prakash Mathur.

JUDGMENT :

Anil Kumar Upman, J.

1. This reference has been received from the Court of Special Judge, POCSO Act, 2012 & Commission for Child Rights Protection Act, 2005, No.1, Ajmer (for short, "the trial court") under Section 366 of the Code of Criminal Procedure (for brevity, "Cr.P.C.") for confirmation of the death sentence awarded to the accused Sundar @ Surendra @ Santu vide its judgment and order dated 26.10.2021 passed in Sessions Case No.58/2021 arising out of FIR No.128/2021 registered at the Police Station Pushkar, District Ajmer. Separate appeal (No.185/2021) has also been filed by the accused Sundar @ Surendra @ Santu challenging his conviction and sentence against the very same judgment.

2. The accused-appellant had faced trial in Sessions Case No.58/2021 and vide the aforesaid judgment and order dated 26.10.2021, he has been convicted and sentenced as below:-

Offence

Sentences and fine awarded

Section 376 (A) IPC and Section 5(j) (iv)/6 of POCSO Act

Death penalty, su

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